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I filed for bankruptcy in MI but I have a pending lawsuit to enforce judgement of payment for PIP. What should I do?

Bay City, MI |

The PIP was won against USAA in 2009 and they have continuously failed to pay for medical care to doctors, care givers and meds. The lawsuit evaluation is in March and of course my lawyer backed out on me. Can I still fight to get these people paid even though I filed for Bankruptcy?

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Attorney answers 2

Posted

I am confused. You mean you have a pending claim against your own auto insurance for a car accident that took place BEFORE you filed bankruptcy? If THAT is the case, you should have listed that claim as a potential asset on your bankruptcy petition AND the trustee would probably have "taken over" the lawsuit. You need to discuss this issue with your bankruptcy attorney. Good luck.

Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.

Posted

I agree that if you have a lawsuit, that should be listed as an asset (and exempted to the fullest extent possible). If you have filed for bk, you should be asking your bk attorney regarding this matter as he knows what happened much more than you can explain.

The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here. Please visit my web site: www.avanesianlaw.com for more information about my services.

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